W.P(MD)No.29006 & 29007 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2025 CORAM THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)Nos.29006 & 29007 of 2025 N.Kalidhas Nagarethinam (Fisherman) ..Petitioner in W.P(MD)No.29006 of 2025 K.Kannan (Fisherman) ..Petitioner in W.P(MD)No.29007 of 2025 Vs 1. The Director Commissioner of Fisheries and Fishermen Welfare Department, 3rd Floor, Integrated Animal Husbandry and Fisheries Building, Nandanam (Head Office), Chennai-600 035. 2. Assistant Director Tamilnadu Fishermen Welfare Board (TNFWB), 4th Floor, Integrated Animal Husbandry and Fisheries Building, Nandanam (Head Office), Chennai-600 035. 3. Assistant Director for Fisheries 837/4, Arinagar Annasalai, Keelavasal, Thanjavur District-613.001. 4. Inspector Fisheries and Fishermen Welfare Department, Sethubavachatram, Thanjavur District. ..Respondents in both petitions 1/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.29006 & 29007 of 2025 Common Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue Writ of Mandamus to direct the 3rd and 4th respondents to forthwith release the fishing boats (totally 2) and ghill net illegally seized on 13.09.2025 and after conducting detail enquiry in accordance with law. In both petitions: For Petitioner : Mr.N.Nikilraj For Respondents : Mrs.D.Farjana Ghoushia Spl. Govt. Pleader COMMON ORDER These writ petitions have been filed seeking the issuance of a Writ of Mandamus to direct the third and fourth respondents to forthwith release the fishing boats (four in total) and gill net allegedly seized illegally on 13.09.2025, after conducting a detailed enquiry in accordance with law. 2. According to the petitioners, they have been engaged in fishing activities for the past 15 years in Thondi and the nearby maritime regions. On 13.09.2025, the petitioners and their associates went fishing in Thanjavur District using four boats. During the course of fishing, the fourth respondent is stated to have come to the fishing spot, interrogated the petitioners, and alleged that they were engaged in illegal fishing using explosive substances. Subsequently, the fourth respondent seized the 2/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.29006 & 29007 of 2025 fishing boats and gill net. Hence, the present writ petitions have been filed seeking release of the same. 3. When the matter was taken up for hearing, it was informed by the learned Special Government Pleader that a charge sheet has already been filed and the investigation in connection with the alleged offence is still pending. 4. On perusal of the records and on consideration of the submissions made, this Court finds that the seizure of the boats and the gill net forms part of the criminal investigation arising out of allegations of illegal fishing using explosives. Once such proceedings have been initiated and a charge sheet has been filed, the question of directing release of the seized materials in a writ proceeding would not arise, as the matter falls within the domain of the jurisdictional criminal court under the provisions of the Code of Criminal Procedure. 5. Therefore, this Court is of the considered view that the relief sought for by the petitioners cannot be granted at this stage, as the investigation is pending. However, considering the facts and circumstances of the case, the respondents are directed to expedite the investigation and complete the same as early as possible, in accordance with law. 3/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.29006 & 29007 of 2025 6. These writ petitions are accordingly dismissed. No costs. 16.10.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn To 1. The Director Commissioner of Fisheries and Fishermen Welfare Department, 3rd Floor, Integrated Animal Husbandry and Fisheries Building, Nandanam (Head Office), Chennai-600 035. 2. Assistant Director Tamilnadu Fishermen Welfare Board (TNFWB), 4th Floor, Integrated Animal Husbandry and Fisheries Building, Nandanam (Head Office), Chennai-600 035. 3. Assistant Director for Fisheries 837/4, Arinagar Annasalai, Keelavasal, Thanjavur District-613.001. 4. Inspector Fisheries and Fishermen Welfare Department, Sethubavachatram, Thanjavur District. 4/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.29006 & 29007 of 2025 P.T.ASHA, J. skn Writ Petition(MD)Nos.29006 & 29007 of 2025 16.10.2025 5/5 https://www.mhc.tn.gov.in/judis